N.D. Cent. Code § 14-09.3-15
14-09.3-15. (305) Effect of prior judicial order or agreement
14-09.3-15. (305) Effect of prior judicial order or agreement
In a proceeding for a grant of custodial responsibility pursuant to sections 14-09.3-11
through 14-09.3-21, the following rules apply:
1. A prior judicial order designating custodial responsibility in the event of deployment is
binding on the court unless the circumstances meet the requirements of law of this
state other than this chapter for modifying a judicial order regarding custodial
responsibility.
2. The court shall enforce a prior written agreement between the parents for designating
custodial responsibility in the event of deployment, including an agreement executed
under sections 14-09.3-07 through 14-09.3-10, unless the court finds that the
agreement is contrary to the best interests of the child.